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www.dlapiper.com 018 May 2016
HR TECH INTERACTIVE 2016
Using Wearables Tech and Predictive Analytics for
Talent Management Anita Lam
Of Counsel (Solicitor Advocate)
Employment Practice
Friday 30 September 2016
www.dlapiper.com 130 September 2016
 What is Predictive Analytics
 Predictive analytics for Human Resource Management
 Monitoring of Employees
 Using Psycholinguistic Analytics to Detect Insider Risk
 What Are the Legal Risks
 Other Issues to Consider
 Wearable & the key considerations
 Questions
Overview
www.dlapiper.com 230 September 2016
What is predictive analytics?
 Predictive analytics uses statistics, modelling, machine learning,
data mining and more to apply to big data in order to predict
future events & identify trends
Big data
 Big data refers to data which is large in volume, found in a
variety of different forms (social media, machine generated data,
website content and usage, mobile apps, sales and billing
system, customer relationship management system, back office
systems, photographs, sensor data, video and voice recordings
and traditional emails and messages), and staggering in velocity
in terms of the speed at which data is created, transmitted,
processed, stored and analysed
Value:
 Understand what drives customer and employee behaviour
What is Predictive Analytics?
www.dlapiper.com 330 September 2016
Recruitment:
 online tests: personality testing, cognitive-skill assessment,
and multiple choice questions
 quest games
 pre-hiring checks
Talent Development:
 compile a list of behaviour of excellent managers and poor
managers
 “sensor badges” (or sociometric badges)
 corporate health checks
Retention and Turnover:
 predict who would most likely become a retention problem
 identify the bad leavers
Insider Risks:
 to help detect internal fraud and identify evidence of
employee's misconduct
Predictive Analytics for Human
Resource Management
www.dlapiper.com 430 September 2016
 What are the common problems concerning
workplace monitoring?
 Examples of common problems:
 Covert surveillance
 Disgruntled employee
 Underdeveloped or no monitoring policy
 Misuse of information/data collected from employee
monitoring
 Impediment to internal investigation
 Monitored email
 Remember: DDE
Common problems encountered
www.dlapiper.com 530 September 2016
 Data Privacy
 Privacy impact assessment
 Information governance - manage information
 Monitoring and data collection policies
 Personal Information Collection statement
 Limits of lawful monitoring
 Cross-border data transfer
 Security & Ownership of Data & Insight
 Data security: ranking confidential information &
anonymise data
 Ownership of data & insight
 Data retention & deletion
 Algorithm developed for the company – ownership
issues
What are the Legal Risks?
www.dlapiper.com 630 September 2016
 Data being exploited
 Who has control over raw data
 What if data is exploited inappropriately
 Tort of harassment
 Unlawful discrimination
 Integrity of data
 Inappropriate box scores of human performance &
behaviour - systemic bias & indirect discrimination
 Inappropriate intervention action
 Algorithm bias
 Recent case in the UK
What are the Legal Risks? (cont'd)
www.dlapiper.com 730 September 2016
 Homogeneous workforce
 Employee relations
 Inappropriate model
 Ability to retrieve data - if there is a dispute
Other Issues to Consider…
www.dlapiper.com 830 September 2016
 Introduction to wearable technology
 Two key questions:
 Can employee participation be mandated?
 How should employers deal with the
generated data?
Wearables
www.dlapiper.com 930 September 2016
 Wearable technology is basically small and compact
electronic devices designed to be worn by a user
 Other e.g. patches, glasses, tracking devices
(locating goods & vehicles)
 Range of functions from health and fitness to
security and have in the last couple of years started
gaining traction with consumer users
 Two thirds of insurers expect wearable technologies
to have a significant impact on the industry within
two years (Accenture)
 In the US workplace - 90% of companies offer
wellness programs. By 2018 it is estimated that
more than 13 million wearable activity-trackers will
be used by employers for such programs
Welcome to Wearables
www.dlapiper.com 1030 September 2016
 Can employees be compelled to wear a wearable
device?
 In short- no. Not unless the obligation is written into their
employment contract and even then there is no obligation
to wear a device outside of work hours
 If an employee refuses and any prejudicial action is taken
against them an employer may face an employment law
claim on the basis of bullying
Employee Participation
www.dlapiper.com 1130 September 2016
 Employers are 'Data Users' or 'Data Processors' of
data from wearables by virtue of them recording,
obtaining, accessing or using such data
 Information is 'Personal Data' as it relates to an
individual employee (e.g. about the health/ fitness)
who can be identified by it (by looking at their
individual results)
 Health data is 'Biometric Data’ - higher standard
applies
The Data Protection Act and Wearables
www.dlapiper.com 1230 September 2016
Who owns data collected by wearables?
 Check the employment contract
 Company mobile phones and laptops set precedent
over ‘company-owned’ personal data
 A tracker is leased to an employee as an incentive
much as a mobile phone might be, so employers are
within their rights to claim ownership over the data
generated as long as they make this clear in the
employment contract
Who owns the Data?
www.dlapiper.com 1330 September 2016
 Five top tips for employers wanting to collect data from
Wearable tech:
 Have a clear policy in place outlining how such data will
be used and for what purposes
 Implement a robust security policies and measures
 Insert clear terms regarding employee data into
employment contracts which extend to use of
Wearable devices
 Have employees sign consent forms
 Focus on the aggregate and avoid looking at data on
the individual level
Wearables- Tips for Business
www.dlapiper.com 1430 September 2016
 People decisions should involve people in making them.
Algorithms cannot and should not be used to remove the
human dimension in the decision-making process
 Mindful of EU/UK issues
 You cannot compel employees to wear wearable devices
Takeaway Points
www.dlapiper.com 1530 September 2016
Q&A
Anita Lam
Of Counsel (Solicitor Advocate)
Employment Practice
Hong Kong
T +852 2103 0650
anita.lam@dlapiper.com
Winner of Asian Legal Business Hong
Kong Law Awards 2016 "Labor and
Employment Law Firm of the Year"

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HR Tech Interactive 2016 - Keynote by Anita Lam

  • 1. www.dlapiper.com 018 May 2016 HR TECH INTERACTIVE 2016 Using Wearables Tech and Predictive Analytics for Talent Management Anita Lam Of Counsel (Solicitor Advocate) Employment Practice Friday 30 September 2016
  • 2. www.dlapiper.com 130 September 2016  What is Predictive Analytics  Predictive analytics for Human Resource Management  Monitoring of Employees  Using Psycholinguistic Analytics to Detect Insider Risk  What Are the Legal Risks  Other Issues to Consider  Wearable & the key considerations  Questions Overview
  • 3. www.dlapiper.com 230 September 2016 What is predictive analytics?  Predictive analytics uses statistics, modelling, machine learning, data mining and more to apply to big data in order to predict future events & identify trends Big data  Big data refers to data which is large in volume, found in a variety of different forms (social media, machine generated data, website content and usage, mobile apps, sales and billing system, customer relationship management system, back office systems, photographs, sensor data, video and voice recordings and traditional emails and messages), and staggering in velocity in terms of the speed at which data is created, transmitted, processed, stored and analysed Value:  Understand what drives customer and employee behaviour What is Predictive Analytics?
  • 4. www.dlapiper.com 330 September 2016 Recruitment:  online tests: personality testing, cognitive-skill assessment, and multiple choice questions  quest games  pre-hiring checks Talent Development:  compile a list of behaviour of excellent managers and poor managers  “sensor badges” (or sociometric badges)  corporate health checks Retention and Turnover:  predict who would most likely become a retention problem  identify the bad leavers Insider Risks:  to help detect internal fraud and identify evidence of employee's misconduct Predictive Analytics for Human Resource Management
  • 5. www.dlapiper.com 430 September 2016  What are the common problems concerning workplace monitoring?  Examples of common problems:  Covert surveillance  Disgruntled employee  Underdeveloped or no monitoring policy  Misuse of information/data collected from employee monitoring  Impediment to internal investigation  Monitored email  Remember: DDE Common problems encountered
  • 6. www.dlapiper.com 530 September 2016  Data Privacy  Privacy impact assessment  Information governance - manage information  Monitoring and data collection policies  Personal Information Collection statement  Limits of lawful monitoring  Cross-border data transfer  Security & Ownership of Data & Insight  Data security: ranking confidential information & anonymise data  Ownership of data & insight  Data retention & deletion  Algorithm developed for the company – ownership issues What are the Legal Risks?
  • 7. www.dlapiper.com 630 September 2016  Data being exploited  Who has control over raw data  What if data is exploited inappropriately  Tort of harassment  Unlawful discrimination  Integrity of data  Inappropriate box scores of human performance & behaviour - systemic bias & indirect discrimination  Inappropriate intervention action  Algorithm bias  Recent case in the UK What are the Legal Risks? (cont'd)
  • 8. www.dlapiper.com 730 September 2016  Homogeneous workforce  Employee relations  Inappropriate model  Ability to retrieve data - if there is a dispute Other Issues to Consider…
  • 9. www.dlapiper.com 830 September 2016  Introduction to wearable technology  Two key questions:  Can employee participation be mandated?  How should employers deal with the generated data? Wearables
  • 10. www.dlapiper.com 930 September 2016  Wearable technology is basically small and compact electronic devices designed to be worn by a user  Other e.g. patches, glasses, tracking devices (locating goods & vehicles)  Range of functions from health and fitness to security and have in the last couple of years started gaining traction with consumer users  Two thirds of insurers expect wearable technologies to have a significant impact on the industry within two years (Accenture)  In the US workplace - 90% of companies offer wellness programs. By 2018 it is estimated that more than 13 million wearable activity-trackers will be used by employers for such programs Welcome to Wearables
  • 11. www.dlapiper.com 1030 September 2016  Can employees be compelled to wear a wearable device?  In short- no. Not unless the obligation is written into their employment contract and even then there is no obligation to wear a device outside of work hours  If an employee refuses and any prejudicial action is taken against them an employer may face an employment law claim on the basis of bullying Employee Participation
  • 12. www.dlapiper.com 1130 September 2016  Employers are 'Data Users' or 'Data Processors' of data from wearables by virtue of them recording, obtaining, accessing or using such data  Information is 'Personal Data' as it relates to an individual employee (e.g. about the health/ fitness) who can be identified by it (by looking at their individual results)  Health data is 'Biometric Data’ - higher standard applies The Data Protection Act and Wearables
  • 13. www.dlapiper.com 1230 September 2016 Who owns data collected by wearables?  Check the employment contract  Company mobile phones and laptops set precedent over ‘company-owned’ personal data  A tracker is leased to an employee as an incentive much as a mobile phone might be, so employers are within their rights to claim ownership over the data generated as long as they make this clear in the employment contract Who owns the Data?
  • 14. www.dlapiper.com 1330 September 2016  Five top tips for employers wanting to collect data from Wearable tech:  Have a clear policy in place outlining how such data will be used and for what purposes  Implement a robust security policies and measures  Insert clear terms regarding employee data into employment contracts which extend to use of Wearable devices  Have employees sign consent forms  Focus on the aggregate and avoid looking at data on the individual level Wearables- Tips for Business
  • 15. www.dlapiper.com 1430 September 2016  People decisions should involve people in making them. Algorithms cannot and should not be used to remove the human dimension in the decision-making process  Mindful of EU/UK issues  You cannot compel employees to wear wearable devices Takeaway Points
  • 16. www.dlapiper.com 1530 September 2016 Q&A Anita Lam Of Counsel (Solicitor Advocate) Employment Practice Hong Kong T +852 2103 0650 anita.lam@dlapiper.com Winner of Asian Legal Business Hong Kong Law Awards 2016 "Labor and Employment Law Firm of the Year"

Hinweis der Redaktion

  1. Liz
  2. Liz Source: https://www.accenture.com/us-en/insight-technology-vision-insurance-2015.aspx / http://hero-health.org/wp-content/uploads/2015/06/HERO-Wearables-in-Wellness-Report-FINAL1.pdf
  3. Grace
  4. Liz Is the information personal data? In order to "relate" to the individual, the information may be "obviously about" that individual or "linked" to them. – Health data is obviously about user. The information relates to them in their personal, family, business or professional life. – Relates to their personal life e.g. exercise routine If the information is to be used to inform or influence decisions affecting that person, it is likely to "relate" to them.- It could be used in this way e.g. insurance premium cost decisions. It will be relevant to ask whether the information impacts or has the potential to impact on the person's life.- Could impact an individual if used in a discriminatory way. What obligations are there on employers with respect to such data?   Some employers many not collect any fitness data, but it’s worth taking the necessary steps to comply with the law if you intend to look at this data at any stage.   To comply with the DPA employers must explicitly set out how they plan to use any gathered data and ensure there are appropriate security measures in place to protect it. In a nutshell, if you intend to capture and monitor data, you have to be explicit that you will do so and take steps to ensure the data is secure.   There are further layers of complication when we consider that health data is sensitive personal data according to the Act. This does not prevent such data being processed but it limits the circumstances in which it can occur. The employer must be able to satisfy one of the sensitive data conditions (see next slide)
  5. Liz Who owns the data created by the device?   In terms of who owns the data generated by these devices, this depends on the employment contract.   Presently, we only have the example of technology such as company mobile phones and laptops to set a precedent over ‘company-owned’ personal data. A tracker is leased to an employee as an incentive much as a mobile phone might be, so employers are within their rights to claim ownership over the data generated as long as they make this clear in the employment contract.
  6. Grace